The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-12-06
A SUDDEN TERMINATION


County Board of Health,
Prosecuting Attorney jordan yesterday
presented to the Board Of Commissioners
the following seli.explRua.ory communl.
cation: ~ .sa
To he Honorable preiiien, and Members OF the Hoard
o. Cv1ml"soAerso Of Ohio County;
CONFERENCE.-THE communication Of
DR.. Z. O. Myera having been referred 10
me Tor ca opinion, upon an examination
oil tho statusen concerning the public
health, tho frat question that presents It.
aelf !s: Have we a local or county Board
Of HEALTH
Sac:ioE, 6 OF chapter "a Of the Acs of
1887 provides that 1t shall DO tho duty Of
the County Court to nominate and the
State Board Of Health to appoint In each
Of the counties OF tho State three intell!.
gent and diacreet persons residing therein,
two Of whom shall be citizens and one d
phyalclan qualified to practice medicine
under tho provisions Of this chapter etc.
| End that your honorable body on the
9th day Of September, 1857, nominated DR..
y. 0. Myers, DR.. o.. B. Robinson and
Michae! stein to be membera OF tho local
or County Board OF Health for the county,
and certified their nominations to the
State Board Of Health for appointment,
and before theso gentlemen eau act or BIZ
vested With any authority as such local
board the State Board Of Health must
meet and appoint the persons 90 nomina-
ted by your honorable body.
From letter that | received from DR.,
7. A. Harris, Secretary Of the State Board
OF Health, learn that theIo has been no
meeting Of the State Board OF Health incs
the I'm and 18th OF July Of this year.
This letter Ia herewith submitted.
l understand that the Secretary OF tho
State Board Of Health issued on his own
motion so.called certificates Of appoint
ment to DR.. L. G. Myers, D.. O. B. Robin
son and MIR. Stein. II such is the CAGE he
did go without authority Of Law and his
certificates arc OF no force or effect. The
law does not confer upon the Secretary
any ouch authority, nor can the State
Board OF Ees!th delegate to the'secrstary
any such authority.
l therefore find that DR.. Z. @. Myers,
Dr.. q. 3. Robipaon and Mr.. Stein have no.
been appointed rs members OF the loca!
Board OF Hes!th Tor Ohio county ss re.
quired by law, and any oct Gttem pied to
be performed or assumed by them under
the name OF the Board Of Health 10 illegal
and void.
I desire aluo to call your attention to
the fact thst there ia no provision OF law
authorizing tho local board Of health lin
Case We have one) to incur any expense
upon the county, except In case OF emer-
sency or actual necessity, and that only
when tho court or corporate authorities
are Iron Gny cauge unabla 10 meet or pro-
vide TO. tho emergency or necessity.
SO tar as this county is concerned that
emergency or necessity could not arise, for
your honorable body could be convened
in ono hout's time.
l ALEC dcaire to call your attention to the
jurisdiclion of local or county board OF
health. The latter clRusa of section Q OF
chapter 81 OF the Ac!s Of 1857 provides:
"When any town, city or viilege has a
Board Of Health OF it's own the jurisdic.
ton Ct the local board go sppointed shall
not extend thereto"
Tho city Of Wheeling by virtue Of it's
corporate authority iu vested with all the
power and authority to attend to tho
health Of it's citizsns within it's corporate
limits, and by virtue Of that authority has
electeda Health Officer and appointed a
Committee on Health, thus making to all
intents and purposes Board OF Health
for the city Of Wheeling.
l nm Of the opinion that II there was a
local or county board Of health 1t would
have no jurisdiction within the corporate
limits Of the city Of Wheeling and the City
Solicitor, Col. George B. Caldwell, concula
in this opinion IS to the jurisdiction.
Respectfully submitted,
L s. JORDAN.
On suggestion Of Mr.. Jordan the Board
asked the State Board OF Hsslth to meet
at its earliest convenience and comply
With the law in reference to the Ohio
County Board Of Health.